Delegated Report - Code - Planning MCU21 0231

Author		Development Assessment, Georgina Schramm

APPLICATION DETAILS
Application No.	MCU21/0231
Applicant	Mark Bain Constructions Pty Ltd
Proposal	Material Change of Use - Multiple dwelling
Properly Made Date	23 December 2021
Information Request Date	31 January 2022
Information Response Date	6 April 2022
Decision Due Date	30 August 2022
Report Completed Date	30 August 2022
Report Reviewed By	Kerri Coyle 31.9.2022

PROPERTY DETAILS
Property Address	10 Natasha Ave & 24 Katharina St Noosa Heads Qld 4567
RP Description	Lot 2 RP 122891, Lot 135 RP 92518
Land Area	1523 m² 516 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium density residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads Local Plan Area
Overlays	Bushfire Hazard Overlay Landslide Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Multiple dwellings for the purpose of eight (8) dwelling units, six (6) of which are small dwelling units and the remaining two (2) units being greater than 100m2 on land at 10 Natasha Avenue and 24 Katharina Street, Noosa Heads, described as Lot 2 RP122891 and Lot 135 RP92518.
The multiple dwelling unit development consists of:
three units - K1-K3 which are two storey, with a basement, accessible from Katharina Street.
three units - K4-K6 which are two storey, accessible from Natasha Avenue.
two units - N1 and N2 which are greater than 100m2, accessible from Natasha Avenue, with a third storey element.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Site Cover

Figure 4 – Landscaping

Figure 5 - K1, 2 & 3 Elevations (Southern & Northern)
Figure 6 - K1, 2 & 3 Elevations (Eastern & Western)

Figure  7  – K1, 2 & 3 Basement Plan

Figure 8 – K1, 2 & 3 GF Plan

Figure 9 – K1, 2 & 3 UF Plan

Figure 10 – K4, 5 & 6 GF Plan

Figure 11 – K4, 5 & 6 UL Plan

Figure 12 – K4  Elevations
Figure 13 – K5 & K6 Elevations
Figure 14 – K4, 5 & 6 Sections
Figure 15 – N1 & N2 LF Plan

Figure 16 - N1 & N2 GF Plan
Figure 17 – N1 &  N2 UF Plan
Figure 18 – N1 & N2 Elevations
Figure 19 – N1 & N2 Elevations

Figure 20  – N1 & N2 Sections
site details
Background
The subject site is located over two parcels of land and has respective road frontages.
On 28 July 1980, 24 Katharina Street, Noosa Heads two (2) Multiple Dwellings were approved (51901.3890, TPC 1171). The approved units remain on the site today.
There are seven (7) existing Multiple Dwellings on land at 10 Natasha Avenue, 51993.581 (TPC 2523).
Site Description
The subject site contains two parcels of land, Lot 2 RP122891 and Lot 135 RP92518 which are both zoned Medium Density Residential.
Land to the east of the site is zoned High Density Residential which adjoins land located in the Tourist Accommodation zone which runs parallel to Noosa Drive.
The land falls to the south west of the site.
Surrounding Land Uses
A large portion of the surrounding area is identified as tourist and short term accommodation land uses, see the below figure.

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Landslide Hazard Overlay Code;
Bushfire Hazard Overlay Code.
The subject site is located in Noosa Heads and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site Area		2,039m2	
Gross Floor Area		925.5m2	
Building height
storeys metres	2 storeys max 8 metres Unit N1 Unit K4	3 storeys - 8.1 metres (FG) 8.4 metres	X - X X
Site cover	45% max	871m2 +8m2 43.1%	ü
Plot ratio	0.5:1	925.5m² 45.3:1	ü ü
Boundary setbacks Frontage
Frontage (Natasha) Pool Frontage (Katharina) Pool	6 metres min 2 metres where no more than 1 metre above NGL 6 metres min 2 metres where no more than 1 metre above NGL	6 metres 2 metres 5.4 metres (eave) 2 metres	ü ü X ü
Side (eastern)
Unit N2	2.0 metres 2.0 metres	> 2 metres > 2 metres	ü ü
Units K2 – K3	1.5 metres 2.0 metres	1.5 metres 2 metres	ü ü
Units K5 & K6	1.5 metres 2.0 metres	metres metres	X ü
Side (western)
Unit N1	2.5 metres	4 metres	ü
Unit K4	1.5 metres 2.5 metres	1.7 metres 2 metres	ü X
Rear
Unit K6	6 metres min	5.3 metres	X
Length of wall
Units N1 & N2	15 metres max	10 metres	ü
Units K1-K3	15 metres max	10 metres	ü
Units K5 & K6	15 metres max	16 metres	X
Landscape and Open Space
Landscaped open space Soft landscaping	713.65m² min 428.19m2 (min 60% of total)	877.2m² 480m²	ü ü
Private Open Space	25m2 for Units N1 & N2 9m² min for Units K1 - K6	>25m2 >9m²	ü ü
Carparking
Small dwellings	1 covered per 2 bedroom unit = 6 covered spaces 1 visitor space per four dwellings = 2 spaces	12 covered spaces	ü
Not small dwellings	2 covered spaces/dwelling greater than 100m2 = 4 covered spaces 1 visitor space per four dwellings = 1 space	4 covered spaces 1 visitor	ü ü
Building Height
Acceptable outcomes AO8.1 and AO8.2 of the Medium Density Residential Zone Code seeks:
AO8.1 Buildings and structures are no more than 8 metres in building height; and
AO8.2 Where excavation is required, the maximum portion of the exposed external façade of the building cannot exceed 8m in building height.
Corresponding Performance outcome seeks:
PO8 Buildings and structures:
are low rise and present a building height consistent with structures on adjoining and surrounding premises;
are designed to provide an interesting streetscape and complement landform changes and landscapes
do not visually dominate the street or surrounding area;
maintain a vegetated skyline;
do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
do not exceed two storeys.
As Units N1 and N2 involve excavation to include a basement, the lower level exceeds 8 metres in height from finished ground level on the southern and western elevations.  Excavation along the southern side is to allow for access to the garages. Unit N2 remains compliant as a 2 storey building, Unit N1 has a section of the lower level which is not compliant as a basement.
The applicant has reduced the presentation of the 3rd storey element by incorporating landscaping along the section which is greater than 1 metre above natural ground to reduce the visual impact of the storey from the street and adjoining premises. The surrounding development and existing buildings on the subject site have an appearance greater than 2 storeys. The height encroachments are consistent with building height in the locality and respond to the slope constraints of the site.
The height encroachments are considered acceptable and of a scale compatible with surrounding development.
Building Setbacks
Acceptable outcome AO12.1 of the Zone code seeks:
AO12.1 Buildings and structures meet the following minimum boundary setbacks:
for frontages — 6 metres
for side boundaries—
1.5 metres setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2.5 metres where above 7.5 metres height
for the rear boundary - 6 metres

PO12 Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
Front boundary
The upper level of Unit K1 is setback 5.4 metres from the Katharina Street frontage in lieu of 6 metres. The area of encroachment relates to a vertical screen which is projected 600mm from the main building wall that is sited at 6 metres. The area of intrusion is for the purpose of weather protection and upholding privacy between the unit and roadside. Properties on the northern side of Katharina Street typically have a 6 metre setback, whereas land on the lower side of the road vary from 3-4 metres. In considering the area of encroachment does not protrude into side boundary setbacks and relates to a screening element, the setback of 5.4 metres is appropriate.
Eastern side boundary
Due to the slope of the land, the ground level of Units K5 and K6 will be partially backfilled along the eastern elevation. A retaining wall is proposed to be setback 1 metre from the side boundary to allow for natural light to the ground level.
The adjoining development to the east of the proposed units are located on the upper side of the site, and are well setback from the area of encroachment. The setback area is proposed to be planted with Lilly Pillies and Fraser Island Apple varieties which will reach a mature height of 4-5 metres. Further to this, a tree survey will be conditioned to be carried out prior to the commencement of operational works to assist in determining what mature species will be able to be retained.
It is not anticipated that the side boundary setback of 1 metre for the retaining wall will compromise the level of amenity of the adjoining premises on reflection of the proposed landscaping species, and separation between buildings. The development achieves compliance against the Performance outcome.
Rear boundary
Unit K6 is proposed to have a rear boundary setback of 5.3 metres where common with Lot 136 RP92518. The area of obtrusion relates to a corner of Unit K6’s stairway, an area of approximately 0.8m2. The extent of the building which is seeking a boundary relaxation is not of a scale which is likely to raise conflict with the adjoining properties, as the encroachment is concentrated to the corner of a building and not a length of wall. The siting variation achieves compliance with the Performance outcome.
Wall Length
Acceptable outcome AO14.5 of the Zone Code seeks:
AO14.5 For a dwelling house, development provides visual interest to the street and the surrounding area through:
limiting the vertical distance between the ground and the lowest suspended floor to no more than 3 metres;
limiting the length of any external wall in one plane to 15 metres; and
ensuring each external wall includes at least one design element such as verandahs, external stairs, window openings, awnings or porches.
Corresponding Performance outcome seeks:
PO14 Development:
contributes positively to the locality;
addresses and enhances the streetscape by incorporating articulation and individual design elements that add visual interest to the development;
has a form and architectural scale that does not dominate the streetscape or the surrounding properties;
does not detract from the visual amenity of adjoining properties through the impact on views, access to sunlight or overlooking;
takes the form of small separate buildings, rather than large single bulky development; and
sits within a landscaped setting.

The eastern elevation of proposed Units K5 and K6 have a length of 16 metres in lieu of 15 metres as outlined by AO14.5(b). Both of the units are proposed to include windows along the elevation which exceeds 15 metres, which provides some variation to the eastern façade. A combination of the windows and landscaping is considered to address the Performance outcome.
Front fences and walls
Acceptable outcome AO17.2 of the Zone Code seeks:
AO17.2 Where located on the boundary:
the solid portion of front fences and walls is no more than 1.2 metres high; or
the walls contain openings or materials that ensure it is 50% transparent and has a height not exceeding 1.8 metres.
Corresponding Performance outcome seeks:
PO17 Front fences and walls are designed and sited to:
contribute to the attractiveness of the streetscape;
be compatible with the existing streetscape character;
avoid interference with movement of surface stormwater;
allow for casual surveillance of the street;
provide planting in front of solid fences and walls; and
ensure plantings between the front fence and the footpath does not create an impediment for pedestrians using the footpath.
Natasha Avenue
It is proposed that the Natasha Avenue front fence will achieve a height of 2 metres due to the slope of the site from east to west along the road frontage. The proposal provides for landscaping at varied heights in front of the fence to screen the pool and private open space. The Natasha Avenue front fence is setback a metre from the front boundary and has incorporated a variety of materials and vertical and horizontal elements, which assists in reducing the dominance of the fence, and upholding the amenity of the site. Fencing along the street varies in height and materials and is reflective of the slope. The proposed fencing is not considered to raise conflict with the existing streetscape character. The proposed fence will not prevent casual surveillance of the street. Landscaping is proposed to be planted within the metre landscaping setback, the front fence with a maximum height of 2 metres complies with the Performance outcome.
Katharina Street
The Katharina Street fence is proposed to achieve a height of 2.6 metres. The Katharina Street frontage is on the upper side of the road. The existing streetscape character is predominately unfenced, low scale and well vegetated, a front fence of 2.6 metres is not in keeping with this area. It is acknowledged that the proposed fence height is for the purpose of upholding privacy to the open space of Unit K1, vegetated screening in conjunction to fencing is considered adequate to screen the area of private open space. A fence height of 2 metres along the Katharina frontage is adequate to screen the development and remain in character with the street, a condition will be imposed to demonstrate compliance against the Performance outcome.
Landscaping
Acceptable outcome AO2.1 of the Landscaping Code and AO7.4 of the Local Plan Code seeks:
AO2.1 Existing site trees and landscape features such as rock outcrops are integrated into the development wherever possible.
AO7.4 Development respects the scale of surrounding vegetation and maximises the opportunity for retention of existing vegetation and incorporates soft landscaping between buildings.
The subject site has significant vegetation across the two allotments, it is unclear what native vegetation is on the site, and what species will be retained following completion of the works. A condition will be imposed that a tree survey is to be carried out by a suitably qualified person prior to the commencement of operational works. This will allow the opportunity to retain existing vegetation in areas of soft landscaping.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineer, Mark Lewis & Engineering Officer, Diogo Carrico
Comments: The applicant has generally responded to the engineering IR items raised. The requested information which was not provided (i.e. geotech report) can be assessed, without detriment to the subject application, at the operational works stage.
An Operational Works application is required for the following component of the works: Earthworks; Stormwater; Access; Driveway; Carparking; and Frontage Works.
Given that the applicant proposes the construction of a water treatment device, the ensuing OPW application should be reviewed by council’s SW external consultant.
It is recommended that the planner includes a condition requiring a performance bond of no less than $50K – to be paid before issuing the OPW approval.
As conditioned.
Senior Environmental Officer, Amanda Turner
Comments:  The landscape concept plan meets requirements within the Noosa Plan – PSP2 – Landscaping policy including 1m setback of front fences and dense planting and screening planting to boundaries. The application proposes to remove scattered vegetation as part of the development works with the majority of the vegetation on the road reserve proposed to be removed. An arborist report is to be carried out to determine whether the species in the road reserve can be retained in consideration of the location of the pathway.

As conditioned.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU21/0231 for a Material Change of Use - Multiple dwelling situated at 10 Natasha Ave & 24 Katharina St Noosa Heads Qld 4567 and described as Lot 2 RP 122891, Lot 135 RP 92518, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0231
Street address:	10 Natasha Ave & 24 Katharina St Noosa Heads Qld 4567
Real property description:	Lot 2 RP 122891, Lot 135 RP 92518
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple dwelling
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
S1.0	-	Site Plan prepared by Chris Clout Design	19 August 2022
S1.3	-	Landscaping prepared by Chris Clout Design	19 August 2022
C1.0	-	K1, 2 & 3 Basement Plan prepared by Chris Clout Design	19 August 2022
C1.1	-	K1, 2 & 3 GF prepared by Chris Clout Design	19 August 2022
C1.2	-	K1, 2 & 3 UF Plan prepared by Chris Clout Design	19 August 2022
C1.4	-	K1, 2 & 3 Elevations prepared by Chris Clout Design	19 August 2022
C1.5	-	K1,2 & 3 Elevations prepared by Chris Clout Design	19 August 2022
C1.6	-	K1, 2 & 3 Sections prepared by Chris Clout Design	19 August 2022
C2.0	-	K4, 5 & 6 GF Plan prepared by Chris Clout Design	19 August 2022
C2.1	-	K4, 5 & 6 UF Plan prepared by Chris Clout Design	19 August 2022
C2.2	-	K4 Elevations prepared by Chris Clout Design	19 August 2022
C2.3	-	K5 & 6 Elevations prepared by Chris Clout Design	19 August 2022
C2.4	-	K4, 5 & 6 Sections prepared by Chris Clout Design	19 August 2022
C3.0	-	N1 & N2 LF Plan prepared by Chris Clout Design	19 August 2022
C3.1	-	N1 & N2 GF Plan prepared by Chris Clout Design	19 August 2022
C3.2	-	N1 & N2 UF Plan prepared by Chris Clout Design	19 August 2022
C3.3	-	N1 & N2 Elevations prepared by Chris Clout Design	19 August 2022
C3.4	-	N1 & N2 Elevations prepared by Chris Clout Design	19 August 2022
C3.5	-	N1 & N2 Sections prepared by Chris Clout Design	19 August 2022
Nature and Extent of Approved Use
The approved Multiple Dwellings is comprised of eight (8) dwellings, six (6) of which are small dwellings, in accordance with the administrative definition under the Noosa Plan 2020.
Currency Period
This development approval lapses if the use has not happened by 30 August 2028, unless an application to extend the currency period is approved by Council.
Reconfiguration of a Lot
The existing allotments are to be amalgamated into one allotment and a new Certificate of Title issued to cover the newly created allotment prior to the issue of a Development Permit for Operational Works.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level except where shown on the approved plans.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be fully enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, and must remain generally open on at least 1 side.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must not exceed 2m in height.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Retention of Existing Trees
An arborist’s report is to be submitted for approval as part of the Operational Works application. The purpose of the arborist’s report is to identify the native vegetation to be retained or removed across the two allotments, and within the road reserve, with existing native vegetation retained where located outside the approved building footprints.
All existing trees in the road reserve must be retained unless otherwise approved to be removed through an Operational Works application.
Any trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained;
installing protective fencing around the drip line of the vegetation;
restricting stockpiling,  storage  and  vehicle  parking  to  those  areas which are already cleared;
using low impact construction techniques around vegetation.
Landscaping Works
An amended landscaping plan is to be provided prior to commencing Operational Works, and is to include:
landscaping species details as annotated on the ‘Landscaping Concept Plan’ on the approved Landscaping Plan of this Decision Notice; and
adopt the findings and recommendations of the Arborist Report, to retain trees species where within areas of soft landscaping.
The works must be undertaken in accordance with an Operational Works approval and associated revised Landscaping Plan, the Noosa Plan and Planning Scheme Policy PSP2 - Landscaping for that specific area and must include in particular:
the works shown on the approved Landscaping plan;
a 1 metre wide landscaping strip within the Lot, along the Natasha Avenue and Katharina Street road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items;
provision of 2 x 100 litre pot size street trees within the road reserve of both Natasha Avenue and Katharina Street frontages.
screening landscaping for the full length of all boundaries including screening plants which grow to a minimum height of 5m at maturity and provided at maximum 1.5m centres. The screening plants must have a minimum pot size of 200mm.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Treatment of Temporarily Vacant Land
Where some or all of the land remains vacant or undeveloped for more than 3 months, or buildings are demolished and redevelopment is delayed for more than 3 months, the following works must be carried out:
the site must be cleared of all rubble, debris and demolition materials
erosion and sediment control devices installed
the site must be graded to prevent ponding (to the same level as the adjoining footpath wherever practicable)
the site must be maintained to ensure no nuisance to adjacent premises, roads or footpaths
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
External Works
Natasha Avenue and Katharina Street must be upgraded for the length of its frontages to the subject site.  The works must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance with an Operational Works approval and must include in particular:
construction of kerb and channelling and underground stormwater drainage to the development side only;
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice;
removal of the existing properties’ accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
Two sealed access driveways must be provided from Natasha Avenue and Katharina Street to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance with an Operational Works approval and must include in particular:
driveway crossover in accordance with council standard drawings RS-049, RS-050 and respective addendums.
Car Parking
A minimum of 17 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
one (1) visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use;
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance with an Operational Works approval and must include in particular:
a. a 1.5 metre wide concrete footpath within the road verge for the entire length of the site’s frontage to Natasha Avenue, alignment to be determined at operational works stage, with consideration given to the existing native trees in the road reserve;
b. a 1.5 metre wide concrete footpath within the road verge for the entire length of the site’s frontage to Katharina Street.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance with an Operational Works approval.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All excavation, fill and associated batters must be undertaken generally in accordance with TOD Consulting’s plan 21617-SK100, Rev B “Preliminary Design – Earthworks” and in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Performance Bond
Where the works include Council assets (construction of new or modifications to existing) a portion of the performance bond will be retained as a “maintenance bond” as described in Council’s Planning Scheme Policy 6 Engineering Design Standards. Alternatively the developer may submit a separate “maintenance bond” at the completion of the works.
The bond amount will be:
5% of the agreed value of the works or
$1500, whichever is the greater amount
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture in addition to a minimum of 3 years current experience in the field of arboriculture.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction;
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased;
proposed fencing to the site during the construction phase of the development;
provision for worker car parking;
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures;
works programme identifying key components of the works and their respective durations;
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues;
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details;
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Road work, Stormwater, Drainage work, Earthworks, Landscaping, Signage, Vegetation Clearing.
Development Permit for Building Works	All building work (including demolition)
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at www.noosa.qld.gov.au or at Council Offices.

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